AN ACT Relating to
possession of firearms; amending RCW 9.41.050, 9.41.060, 9.41.070, 9.41.075,
9.41.0975, 9.41.098, 9.41.170, 9.41.190, 9.41.280, and 9.41.800; reenacting and
amending RCW 9.41.010, 9.41.040, 9.41.047, and 9.41.090; and prescribing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 9.41.010 and 1994
sp.s. c 7 s 401 and 1994 c 121 s 1 are each reenacted and amended to read as
follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Firearm"
means a weapon or device from which a projectile or projectiles may be
fired by an explosive such as gunpowder.
(2) "Pistol"
means any firearm with a barrel less than ((twelve)) sixteen
inches in length, or is designed to be held and fired by the use of a single
hand.
(3) "Rifle"
means a weapon designed or redesigned, made or remade, and intended to be fired
from the shoulder and designed or redesigned, made or remade, and intended to
use the energy of the explosive in a fixed metallic cartridge to fire only a
single projectile through a rifled bore for each single pull of the trigger.
(4)
"Short-barreled rifle" means a rifle having one or more barrels less
than sixteen inches in length and any weapon made from a rifle by any means of
modification if such modified weapon has an overall length of less than
twenty-six inches.
(5) "Shotgun"
means a weapon with one or more barrels, designed or redesigned, made or
remade, and intended to be fired from the shoulder and designed or redesigned,
made or remade, and intended to use the energy of the explosive in a fixed
shotgun shell to fire through a smooth bore either a number of ball shot or a
single projectile for each single pull of the trigger.
(6)
"Short-barreled shotgun" means a shotgun having one or more barrels
less than eighteen inches in length and any weapon made from a shotgun by any
means of modification if such modified weapon has an overall length of less
than twenty-six inches.
(7) "Machine
gun" means any firearm known as a machine gun, mechanical rifle, submachine
gun, or any other mechanism or instrument not requiring that the trigger be
pressed for each shot and having a reservoir clip, disc, drum, belt, or other
separable mechanical device for storing, carrying, or supplying ammunition
which can be loaded into the firearm, mechanism, or instrument, and fired
therefrom at the rate of five or more shots per second.
(8) "Antique
firearm" means a firearm or replica of a firearm not designed or
redesigned for using rim fire or conventional center fire ignition with fixed
ammunition and manufactured in or before 1898, including any matchlock,
flintlock, percussion cap, or similar type of ignition system and also any
firearm using fixed ammunition manufactured in or before 1898, for which
ammunition is no longer manufactured in the United States and is not readily
available in the ordinary channels of commercial trade.
(9) "Loaded"
means:
(a) There is a
cartridge in the chamber of the firearm;
(b) ((Bullets)) Cartridges
are in a clip that is locked in place in the firearm;
(c) There is a
cartridge in the cylinder of the firearm, if the firearm is a revolver; ((or))
(d) There is a
cartridge in the tube((,)) or magazine((, or other compartment
of the firearm)) that is inserted in the action; or
(e) There is a ball in
the barrel and the firearm is capped or primed if the firearm is a muzzle
loader.
(10) "Dealer"
means a person engaged in the business of selling firearms ((or ammunition))
at wholesale or retail who has, or is required to have, a federal firearms license
under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required
to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a
dealer if that person makes only occasional sales, exchanges, or purchases of
firearms for the enhancement of a personal collection or for a hobby, or sells
all or part of his or her personal collection of firearms.
(11) "Crime of
violence" means:
(a) Any of the
following felonies, as now existing or hereafter amended: Any felony defined
under any law as a class A felony or an attempt to commit a class A felony,
criminal solicitation of or criminal conspiracy to commit a class A felony,
manslaughter in the first degree, manslaughter in the second degree, indecent
liberties if committed by forcible compulsion, ((rape in the second degree,))
kidnapping in the second degree, arson in the second degree, assault in the
second degree, assault of a child in the second degree, extortion in the first
degree, burglary in the second degree, residential burglary, and robbery in the
second degree;
(b) Any conviction for
a felony offense in effect at any time prior to ((July 1, 1976)) the
effective date of this act, which is comparable to a felony classified as a
crime of violence in (a) of this subsection; and
(c) Any federal or
out-of-state conviction for an offense comparable to a felony classified as a
crime of violence under (a) or (b) of this subsection.
(12) "Serious
offense" means any of the following felonies or a felony attempt to commit
any of the following felonies, as now existing or hereafter amended:
(a) Any crime of
violence;
(b) Any felony
violation of the uniform controlled substances act, chapter 69.50 RCW, that is
classified as a class B felony or that has a maximum term of imprisonment of at
least ten years;
(c) Child
molestation in the second degree;
(((c) Controlled
substance homicide;))
(d) Incest when
committed against a child under age fourteen;
(e) Indecent liberties;
(f) Leading organized
crime;
(g) Promoting
prostitution in the first degree;
(h) Rape in the third
degree;
(i) Reckless
endangerment in the first degree;
(j) Sexual
exploitation;
(((j))) (k)
Vehicular assault;
(((k))) (l)
Vehicular homicide, when proximately caused by the driving of any vehicle by
any person while under the influence of intoxicating liquor or any drug as
defined by RCW 46.61.502, or by the operation of any vehicle in a reckless
manner;
(((l))) (m)
Any other class B felony offense with a finding of sexual motivation, as
"sexual motivation" is defined under RCW 9.94A.030;
(((m))) (n)
Any other felony with a deadly weapon verdict under RCW 9.94A.125; or
(((n))) (o)
Any felony offense in effect at any time prior to ((July 1, 1994,)) the
effective date of this act that is comparable to a serious offense, or any
federal or out-of-state conviction for an offense that under the laws of this
state would be a felony classified as a serious offense.
(13) "Law
enforcement officer" includes a general authority Washington peace officer
as defined in RCW 10.93.020, or a specially commissioned Washington peace
officer as defined in RCW 10.93.020. "Law enforcement officer" also
includes a limited authority Washington peace officer as defined in RCW
10.93.020 if such officer is duly authorized by his or her employer to carry a
concealed pistol.
(14)
"Felony" means any felony offense under the laws of this state or any
federal or out-of-state offense comparable to a felony offense under the laws
of this state.
(15)
"Sell" refers to the actual approval of the delivery of a firearm in
consideration of payment or promise of payment of a certain price in money.
(16) "Barrel
length" means the distance from the bolt face of a closed action down the
length of the axis of the bore to the crown of the muzzle, or in the case of a
barrel with attachments to the end of any legal device permanently attached to the
end of the muzzle.
(17) "Family or
household member" means "family" or "household member"
as used in RCW 10.99.020.
Sec. 2. RCW 9.41.040 and 1995 c
129 s 16 (Initiative Measure No. 159) are each reenacted and amended to read as
follows:
(1)(a) A person,
whether an adult or juvenile, is guilty of the crime of unlawful possession of
a firearm in the first degree, if the person owns, has in his or her
possession, or has in his or her control any firearm after having previously
been convicted in this state or elsewhere of any serious offense as defined in
this chapter((, residential burglary, reckless endangerment in the first
degree, any felony violation of the Uniform Controlled Substances Act, chapter
69.50 RCW, classified as a class A or class B felony, or with a maximum
sentence of at least ten years, or both, or equivalent statutes of another
jurisdiction, except as otherwise provided in subsection (3) or (4) of this
section)).
(b) A person, whether
an adult or juvenile, is guilty of the crime of unlawful possession of a
firearm in the second degree, if the person does not qualify under (a) of this
subsection for the crime of unlawful possession of a firearm in the first
degree and the person owns, has in his or her possession, or has in his or her
control any firearm:
(i) After having
previously been convicted in this state or elsewhere of any ((remaining))
felony ((violation of the Uniform Controlled Substances Act, chapter 69.50
RCW, or equivalent statutes of another jurisdiction)) not specifically
listed as prohibiting firearm possession under (a) of this subsection, ((any
remaining felony in which a firearm was used or displayed and the felony is not
specifically listed as prohibiting firearm possession under (a) of this
subsection,)) or any ((domestic violence offense enumerated in
RCW 10.99.020(2), or any harassment offense enumerated in RCW 9A.46.060, except
as otherwise provided in subsection (3) or (4) of this section)) of the
following crimes when committed by one family or household member against
another, committed on or after July 1, 1993: Assault in the fourth degree,
coercion, stalking, reckless endangerment in the second degree, criminal
trespass in the first degree, or violation of the provisions of a protection
order or no-contact order restraining the person or excluding the person from a
residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040);
(ii) ((After having
previously been convicted on three occasions within five years of driving a
motor vehicle or operating a vessel while under the influence of intoxicating
liquor or any drug, unless his or her right to possess a firearm has been
restored as provided in RCW 9.41.047;
(iii))) After having previously been involuntarily
committed for mental health treatment under RCW 71.05.320, 71.34.090, chapter
10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her
right to possess a firearm has been restored as provided in RCW 9.41.047; ((and/or
(iv))) (iii) If the person is under eighteen
years of age, except as provided in RCW 9.41.042; and/or
(iv) If the person
is free on bond or personal recognizance pending trial, appeal, or sentencing
for a serious offense as defined in RCW 9.41.010.
(2)(a) Unlawful
possession of a firearm in the first degree is a class B felony, punishable
under chapter 9A.20 RCW.
(b) Unlawful possession
of a firearm in the second degree is a class C felony, punishable under chapter
9A.20 RCW.
(3) Notwithstanding
RCW 9.41.047 or any other provisions of law, as used in this ((section))
chapter, a person has been "convicted", whether in an adult
court or adjudicated in a juvenile court, at such time as a plea of guilty
has been accepted, or a verdict of guilty has been filed,
notwithstanding the pendency of any future proceedings including but not
limited to sentencing or disposition, post-trial or post-factfinding motions,
and appeals. Conviction includes a dismissal entered after a period of
probation, suspension or deferral of sentence, and also includes equivalent
dispositions by courts in jurisdictions other than Washington state. A
person shall not be precluded from possession of a firearm if the conviction
has been the subject of a pardon, annulment, certificate of rehabilitation, or
other equivalent procedure based on a finding of the rehabilitation of the
person convicted or the conviction or disposition has been the subject of a
pardon, annulment, or other equivalent procedure based on a finding of
innocence. Where no record of the court's disposition of the charges can be
found, there shall be a rebuttable presumption that the person was not
convicted of the charge.
(4) Notwithstanding
subsection (1) of this section, a person convicted of an offense prohibiting
the possession of a firearm under this section other than murder, manslaughter,
robbery, rape, indecent liberties, arson, assault, kidnapping, extortion,
burglary, or violations with respect to controlled substances under RCW
69.50.401(a) and 69.50.410, who received a probationary sentence under RCW
9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall
not be precluded from possession of a firearm as a result of the conviction.
Notwithstanding any other provisions of this section, if a person is prohibited
from possession of a firearm under subsection (1) of this section and has not
previously been convicted of a sex offense prohibiting firearm ownership under
subsection (1) of this section and/or any felony defined under any law as a class
A felony or with a maximum sentence of at least twenty years, or both, the
individual may petition a court of record to have his or her right to possess a
firearm restored:
(a) Under RCW 9.41.047;
and/or
(b)(i) If the
conviction was for a felony offense, after five or more consecutive years
in the community without being convicted or currently charged with any felony,
gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony
convictions that prohibit the possession of a firearm counted as part of the
offender score under RCW 9.94A.360; or
(ii) If the
conviction was for a nonfelony offense, after three or more consecutive years
in the community without being convicted or currently charged with any felony,
gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony
convictions that prohibit the possession of a firearm counted as part of the
offender score under RCW 9.94A.360 and the individual has completed all
conditions of the sentence.
(5) In addition to any
other penalty provided for by law, if a person under the age of eighteen years
is found by a court to have possessed a firearm in a vehicle in violation of
subsection (1) of this section or to have committed an offense while armed with
a firearm during which offense a motor vehicle served an integral function, the
court shall notify the department of licensing within twenty-four hours and the
person's privilege to drive shall be revoked under RCW 46.20.265.
(6) Nothing in chapter
129, Laws of 1995 shall ever be construed or interpreted as preventing an
offender from being charged and subsequently convicted for the separate felony
crimes of theft of a firearm or possession of a stolen firearm, or both, in
addition to being charged and subsequently convicted under this section for
unlawful possession of a firearm in the first or second degree.
Notwithstanding any other law, if the offender is convicted under this section
for unlawful possession of a firearm in the first or second degree and for the
felony crimes of theft of a firearm or possession of a stolen firearm, or both,
then the offender shall serve consecutive sentences for each of the felony
crimes of conviction listed in this subsection.
(7) Each firearm
unlawfully possessed under this section shall be a separate offense.
Sec. 3. RCW 9.41.047 and 1994
sp.s. c 7 s 404 are each reenacted and amended to read as follows:
(1)(((a))) At
the time a person is convicted of an offense making the person ineligible to
possess a firearm, or at the time a person is committed by court order under
RCW 71.05.320, 71.34.090, or chapter 10.77 RCW for mental health treatment, the
convicting or committing court shall notify the person, orally and in writing, that
the person must immediately surrender any concealed pistol license and that
the person may not possess a firearm unless his or her right to do so is
restored by a court of record.
The convicting or
committing court also shall forward a copy of the person's driver's license or
identicard, or comparable information, to the department of licensing, along
with the date of conviction or commitment.
(2) Upon receipt of the
information provided for by subsection (1) of this section, the department of
licensing shall determine if the convicted or committed person has a concealed
pistol license. If the person does have a concealed pistol license, the
department of licensing shall immediately notify the license-issuing authority which,
upon receipt of such notification, shall immediately revoke the license.
(3) ((A person who
is prohibited from possessing a firearm by reason of having previously been
convicted on three occasions of driving a motor vehicle or operating a vessel
while under the influence of intoxicating liquor or any drug may, after five
continuous years without further conviction for any alcohol-related offense,
petition a court of record to have his or her right to possess a firearm
restored.
(4)))(a) A person who is prohibited from possessing
a firearm, by reason of having been ((either:
(ii))) involuntarily committed for mental
health treatment under RCW 71.05.320, 71.34.090, chapter 10.77 RCW, or
equivalent statutes of another jurisdiction((,)) may, upon discharge,
petition a court of record to have his or her right to possess a firearm
restored.
(((b) At a minimum,
a petition under this subsection (4) shall include the following:
(i) The fact, date,
and place of commitment;
(ii) The place of
treatment;
(iii) The fact and
date of release from commitment;
(iv) A certified
copy of the most recent order, if one exists, of commitment, with the findings
of fact and conclusions of law; and
(v) A statement by
the person that he or she is no longer required to participate in an inpatient
or outpatient treatment program, is no longer required to take medication to
treat any condition related to the commitment, and does not present a
substantial danger to himself or herself, to others, or to the public safety.)) At the time of commitment, the court shall
specifically state to the person that he or she is barred from possession of
firearms.
(b) The secretary of
social and health services shall develop appropriate rules to create an
approval process under this subsection. The rules must provide for the
restoration of the right to possess a firearm upon a showing in a court of
competent jurisdiction that the person is no longer required to participate in
an inpatient or outpatient treatment program, is no longer required to take
medication to treat any condition related to the commitment, and does not
present a substantial danger to himself or herself, others, or the public.
Unlawful possession of a firearm under this subsection shall be punished as a
class C felony under chapter 9A.20 RCW.
(c) A person
petitioning the court under this subsection (((4))) (3) shall
bear the burden of proving by a preponderance of the evidence that the
circumstances resulting in the commitment no longer exist and are not
reasonably likely to recur.
Sec. 4. RCW 9.41.050 and 1994
sp.s. c 7 s 405 are each amended to read as follows:
(1)(a) Except in
the person's place of abode or fixed place of business, a person shall not
carry a pistol concealed on his or her person without a license to carry a
concealed pistol.
(b) Every licensee
shall have his or her concealed pistol license in his or her immediate
possession at all times that he or she is required by this section to have a
concealed pistol license and shall display the same upon demand to any police
officer or to any other person when and if required by law to do so. Any
violation of this subsection (1)(b) shall be a class 1 civil infraction under
chapter 7.84 RCW and shall be punished accordingly pursuant to chapter 7.84 RCW
and the infraction rules for courts of limited jurisdiction.
(2) A person shall not
carry or place a loaded pistol in any vehicle unless the person has a license
to carry a concealed pistol and: (a) The pistol is on the licensee's person,
(b) the licensee is within the vehicle at all times that the pistol is there,
or (c) the licensee is away from the vehicle and the pistol is locked within
the vehicle and concealed from view from outside the vehicle.
(3) A person at least
eighteen years of age who is in possession of an unloaded pistol shall not
leave the unloaded pistol in a vehicle unless the unloaded pistol is locked
within the vehicle and concealed from view from outside the vehicle.
(4) Except as otherwise
provided in this chapter, no person may carry a firearm unless it is unloaded
and enclosed in an opaque case or secure wrapper or the person is:
(a) Licensed under RCW
9.41.070 to carry a concealed pistol;
(b) In attendance at a
hunter's safety course or a firearms safety course;
(c) Engaging in
practice in the use of a firearm or target shooting at an established range
authorized by the governing body of the jurisdiction in which such range is
located or any other area where the discharge of a firearm is not prohibited;
(d) Engaging in an
organized competition involving the use of a firearm, or participating in or
practicing for a performance by an organized group that uses firearms as a part
of the performance;
(e) ((Hunting or
trapping under a valid license issued to the person under Title 77 RCW)) Engaging
in a lawful outdoor recreational activity such as hunting, fishing, camping,
hiking, or horseback riding, only if, considering all of the attendant
circumstances, including but not limited to whether the person has a valid
hunting or fishing license, it is reasonable to conclude that the person is
participating in lawful outdoor activities or is traveling to or from a
legitimate outdoor recreation area;
(f) In an area where
the discharge of a firearm is permitted, and is not trespassing;
(g) Traveling with any
unloaded firearm in the person's possession to or from any activity described
in (b), (c), (d), (e), or (f) of this subsection, except as provided in (h) of
this subsection;
(h) Traveling in a
motor vehicle with a firearm, other than a pistol, that is unloaded and locked
in the trunk or other compartment of the vehicle, ((secured)) placed
in a gun rack, or otherwise secured in place in a vehicle, provided that
this subsection (4)(h) does not apply to motor homes if the firearms are not
within the driver's compartment of the motor home while the vehicle is in
operation. Notwithstanding (a) of this subsection, and subject to federal and
state park regulations regarding firearm possession therein, a motor home shall
be considered a residence when parked at a recreational park, campground, or
other temporary residential setting for the purposes of enforcement of this
chapter;
(i) On real property
under the control of the person or a relative of the person;
(j) At his or her
residence;
(k) Is a member of the
armed forces of the United States, national guard, or organized reserves, when
on duty;
(l) Is a law
enforcement officer; ((or))
(m) Carrying a firearm
from or to a vehicle for the purpose of taking or removing the firearm to or
from a place of business for repair; or
(n) An armed private
security guard or armed private detective licensed by the department of
licensing, while on duty or enroute to and from employment.
(5) Violation of any
of the prohibitions of subsections (2) through (4) of this section is a
misdemeanor.
(6) Nothing in
this section permits the possession of firearms illegal to possess under state
or federal law.
(((6))) (7)
Any city, town, or county may enact an ordinance to exempt itself from the
prohibition of subsection (4) of this section.
Sec. 5. RCW 9.41.060 and 1995 c
392 s 1 are each amended to read as follows:
The provisions of RCW
9.41.050 shall not apply to:
(1) Marshals, sheriffs,
prison or jail wardens or their deputies, or other law enforcement officers;
(2) Members of the
armed forces of the United States or of the national guard or organized
reserves, when on duty;
(3) Officers or
employees of the United States duly authorized to carry a concealed pistol;
(4) Any person engaged
in the business of manufacturing, repairing, or dealing in firearms, or the
agent or representative of the person, if possessing, using, or carrying a
pistol in the usual or ordinary course of the business;
(5) Regularly enrolled
members of any organization duly authorized to purchase or receive pistols from
the United States or from this state;
(6) Regularly enrolled
members of clubs organized for the purpose of target shooting, when those
members are at or are going to or from their places of target practice;
(7) Regularly enrolled
members of clubs organized for the purpose of modern and antique firearm
collecting, when those members are at or are going to or from their collector's
gun shows and exhibits;
(8) ((Individual
hunters when on a hunting, camping, or fishing trip)) Any person
engaging in a lawful outdoor recreational activity such as hunting, fishing,
camping, hiking, or horseback riding, only if, considering all of the attendant
circumstances, including but not limited to whether the person has a valid
hunting or fishing license, it is reasonable to conclude that the person is
participating in lawful outdoor activities or is traveling to or from a
legitimate outdoor recreation area;
(9) Any person while
carrying a pistol unloaded and in a closed opaque case or secure wrapper; or
(10) Law enforcement
officers retired for service or physical disabilities, except for those law enforcement
officers retired because of mental or stress-related disabilities. This
subsection applies only to a retired officer who has: (a) Obtained
documentation from a law enforcement agency within Washington state from which
he or she retired that is signed by the agency's chief law enforcement officer
and that states that the retired officer was retired for service or physical
disability; and (b) not been convicted of a crime making him or her
ineligible for a concealed pistol license.
Sec. 6. RCW 9.41.070 and 1995 c
351 s 1 are each amended to read as follows:
(1) The chief of police
of a municipality or the sheriff of a county shall within thirty days after the
filing of an application of any person, issue a license to such person to carry
a pistol concealed on his or her person within this state for five years from
date of issue, for the purposes of protection or while engaged in business,
sport, or while traveling. However, if the applicant does not have a valid permanent
Washington driver's license or Washington state identification card or has not
been a resident of the state for the previous consecutive ninety days, the
issuing authority shall have up to sixty days after the filing of the
application to issue a license. The issuing authority shall not refuse to
accept completed applications for concealed pistol licenses during regular
business hours.
The applicant's
constitutional right to bear arms shall not be denied, unless:
(a) He or she is
ineligible to possess a firearm under the provisions of RCW 9.41.040 or
9.41.045;
(b) The applicant's
concealed pistol license is in a revoked status;
(c) He or she is under
twenty‑one years of age;
(d) He or she is
subject to a court order or injunction regarding firearms pursuant to RCW
9A.46.080, 10.14.080, 10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040,
26.10.115, 26.26.130, 26.26.137, 26.50.060, or 26.50.070;
(e) He or she is free
on bond or personal recognizance pending trial, appeal, or sentencing for a ((serious))
felony offense;
(f) He or she has an
outstanding warrant for his or her arrest from any court of competent
jurisdiction for a felony or misdemeanor; or
(g) He or she has been
ordered to forfeit a firearm under RCW 9.41.098(1)(e) within one year before
filing an application to carry a pistol concealed on his or her person((; or
(h)(i) He or she has
been convicted of any crime against a child or other person listed in RCW 43.43.830(5).
(ii) Except as
provided in (h)(iii) of this subsection, any person who becomes ineligible for
a concealed pistol license as a result of a conviction for a crime listed in
(h)(i) of this subsection and then successfully completes all terms of his or
her sentence, as evidenced by a certificate of discharge issued under RCW
9.94A.220 in the case of a sentence under chapter 9.94A RCW, and has not again
been convicted of any crime and is not under indictment for any crime, may, one
year or longer after such successful sentence completion, petition a court of
record for a declaration that the person is no longer ineligible for a
concealed pistol license under (h)(i) of this subsection)).
(((iii))) No
person convicted of a ((serious offense as defined in RCW 9.41.010)) felony
may have his or her right to possess firearms restored or his or her
privilege to carry a concealed pistol restored, unless the person has been
granted relief from disabilities by the secretary of the treasury under 18
U.S.C. Sec. 925(c), or RCW 9.41.040 (3) or (4) applies.
(2) The issuing
authority shall check with the national crime information center, the
Washington state patrol electronic data base, the department of social and
health services electronic data base, and with other agencies or resources as
appropriate, to determine whether the applicant is ineligible under RCW
9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for a
concealed pistol license. This subsection applies whether the applicant is
applying for a new concealed pistol license or to renew a concealed pistol
license.
(3) Any person whose
firearms rights have been restricted and who has been granted relief from
disabilities by the secretary of the treasury under 18 U.S.C. Sec. 925(c) or
who is exempt under 18 U.S.C. Sec. 921(a)(20)(A) shall have his or her right to
acquire, receive, transfer, ship, transport, carry, and possess firearms in
accordance with Washington state law restored except as otherwise prohibited by
this chapter.
(4) The license
application shall bear the full name, residential address, telephone number at
the option of the applicant, date and place of birth, race, gender,
description, not more than two complete sets of fingerprints, and signature of
the licensee, and the licensee's driver's license number or state
identification card number if used for identification in applying for the
license. A signed application for a concealed pistol license shall constitute
a waiver of confidentiality and written request that the department of social
and health services, mental health institutions, and other health care
facilities release information relevant to the applicant's eligibility for a
concealed pistol license to an inquiring court or law enforcement agency.
The application for an
original license shall include two complete sets of fingerprints to be
forwarded to the Washington state patrol.
The license and
application shall contain a warning substantially as follows:
CAUTION:
Although state and local laws do not differ, federal law and state law on the
possession of firearms differ. If you are prohibited by federal law from
possessing a firearm, you may be prosecuted in federal court. A state license
is not a defense to a federal prosecution.
The license shall contain
a description of the major differences between state and federal law and an
explanation of the fact that local laws and ordinances on firearms are
preempted by state law and must be consistent with state law. The application
shall contain questions about the applicant's eligibility under RCW 9.41.040 to
possess a pistol, the applicant's place of birth, and whether the applicant is
a United States citizen. The applicant shall not be required to produce a
birth certificate or other evidence of citizenship. A person who is not a
citizen of the United States shall meet the additional requirements of RCW
9.41.170 and produce proof of compliance with RCW 9.41.170 upon application.
The license shall be in triplicate and in a form to be prescribed by the department
of licensing.
The original thereof
shall be delivered to the licensee, the duplicate shall within seven days be
sent ((by registered mail)) to the director of licensing and the
triplicate shall be preserved for six years, by the authority issuing the
license.
The department of
licensing shall make available to law enforcement and corrections agencies, in
an on-line format, all information received under this subsection.
(5) The nonrefundable
fee, paid upon application, for the original five-year license shall be
thirty-six dollars plus additional charges imposed by the Federal Bureau of
Investigation that are passed on to the applicant. No other state or local
branch or unit of government may impose any additional charges on the applicant
for the issuance of the license.
The fee shall be
distributed as follows:
(a) Fifteen dollars
shall be paid to the state general fund;
(b) Four dollars shall
be paid to the agency taking the fingerprints of the person licensed;
(c) Fourteen dollars
shall be paid to the issuing authority for the purpose of enforcing this
chapter; and
(d) Three dollars to
the firearms range account in the general fund.
(6) The nonrefundable
fee for the renewal of such license shall be thirty-two dollars. No other
branch or unit of government may impose any additional charges on the applicant
for the renewal of the license.
The renewal fee shall
be distributed as follows:
(a) Fifteen dollars
shall be paid to the state general fund;
(b) Fourteen dollars
shall be paid to the issuing authority for the purpose of enforcing this
chapter; and
(c) Three dollars to
the firearms range account in the general fund.
(7) The nonrefundable
fee for replacement of lost or damaged licenses is ten dollars to be paid to
the issuing authority.
(8) Payment shall be by
cash, check, or money order at the option of the applicant. Additional methods
of payment may be allowed at the option of the issuing authority.
(9) A licensee may
renew a license if the licensee applies for renewal within ninety days before
or after the expiration date of the license. A license so renewed shall take
effect on the expiration date of the prior license. A licensee renewing after
the expiration date of the license must pay a late renewal penalty of ten
dollars in addition to the renewal fee specified in subsection (6) of this
section. The fee shall be distributed as follows:
(a) Three dollars shall
be deposited in the state wildlife fund and used exclusively for the printing
and distribution of a pamphlet on the legal limits of the use of firearms,
firearms safety, and the preemptive nature of state law. The pamphlet shall be
given to each applicant for a license; and
(b) Seven dollars shall
be paid to the issuing authority for the purpose of enforcing this chapter.
(10) Notwithstanding
the requirements of subsections (1) through (9) of this section, the chief of
police of the municipality or the sheriff of the county of the applicant's
residence may issue a temporary emergency license for good cause pending review
under subsection (1) of this section. However, a temporary emergency
license issued under this subsection shall not exempt the holder of the license
from any records check requirement. Temporary emergency licenses shall be
easily distinguishable from regular licenses.
(11) A political
subdivision of the state shall not modify the requirements of this section or
chapter, nor may a political subdivision ask the applicant to voluntarily
submit any information not required by this section.
(12) A person who
knowingly makes a false statement regarding citizenship or identity on an
application for a concealed pistol license is guilty of false swearing under
RCW 9A.72.040. In addition to any other penalty provided for by law, the
concealed pistol license of a person who knowingly makes a false statement
shall be revoked, and the person shall be permanently ineligible for a
concealed pistol license.
(13) A person may apply
for a concealed pistol license:
(a) To the municipality
or to the county in which the applicant resides if the applicant resides in a
municipality;
(b) To the county in
which the applicant resides if the applicant resides in an unincorporated area;
or
(c) Anywhere in the
state if the applicant is a nonresident.
Sec. 7. RCW 9.41.075 and 1994
sp.s. c 7 s 408 are each amended to read as follows:
(1) ((The)) A
concealed pistol license shall be revoked by the license-issuing authority
immediately upon:
(a) Discovery by the
issuing authority that the person ((was)) is ineligible under RCW
9.41.070 for a concealed pistol license when applying for the license or
license renewal;
(b) Conviction of the
licensee of an offense, or commitment of the licensee for mental health
treatment, that makes a person ineligible under RCW 9.41.040 to possess a
firearm;
(c) Conviction of the
licensee for a third violation of this chapter within five calendar years; or
(d) An order that the
licensee forfeit a firearm under RCW 9.41.098(1)(((d))) (e).
(2)(((a) Unless the
person may lawfully possess a pistol without a concealed pistol license, an
ineligible person to whom a concealed pistol license was issued shall, within
fourteen days of license revocation, lawfully transfer ownership of any pistol
acquired while the person was in possession of the license.
(b) Upon discovering
a person issued a concealed pistol license was ineligible for the license, the
issuing authority shall contact the department of licensing to determine
whether the person purchased a pistol while in possession of the license. If
the person did purchase a pistol while in possession of the concealed pistol
license, if the person may not lawfully possess a pistol without a concealed
pistol license, the issuing authority shall require the person to present
satisfactory evidence of having lawfully transferred ownership of the pistol.
The issuing authority shall require the person to produce the evidence within
fifteen days of the revocation of the license.
(3))) When a licensee is ordered to forfeit a
firearm under RCW 9.41.098(1)(((d))) (e), the issuing authority
shall:
(a) On the first
forfeiture, revoke the license for one year;
(b) On the second
forfeiture, revoke the license for two years; or
(c) On the third or
subsequent forfeiture, revoke the license for five years.
Any person whose
license is revoked as a result of a forfeiture of a firearm under RCW
9.41.098(((1)(d))) may not reapply for a new license until the end of
the revocation period.
(((4))) (3)
The issuing authority shall notify, in writing, the department of licensing of
the revocation or denial of a license. The department of licensing
shall record the revocation or denial. Denial information shall be
maintained by the department of licensing for the purposes of background checks
and statistical research.
(4) Unless otherwise
provided, revocation periods for concealed pistol licenses shall be consistent
with restoration periods set forth in RCW 9.41.047, or three years, whichever is
the longer.
(5) Any person whose
license is revoked may not reapply for a new license until the end of the
revocation period.
(6) Notice of
revocation of a license shall additionally require the license holder to
surrender the license to the issuing authority. Refusal to comply with this
requirement within thirty days is a misdemeanor and shall be punished
accordingly.
Sec. 8. RCW 9.41.090 and 1994
sp.s. c 7 s 410 and 1994 c 264 s 1 are each reenacted and amended to read as
follows:
(1) In addition to the
other requirements of this chapter, no dealer may deliver a pistol to the
purchaser thereof until:
(a) The purchaser
produces a valid concealed pistol license and the dealer has recorded the
purchaser's name, license number, and issuing agency, such record to be made in
triplicate and processed as provided in subsection (5) of this section. For
purposes of this subsection (1)(a), a "valid concealed pistol
license" does not include a temporary emergency license, and does not
include any license issued before July 1, 1996, unless the issuing agency
conducted a records search for disqualifying crimes under RCW 9.41.070 at the
time of issuance;
(b) The dealer is
notified in writing by the chief of police or the sheriff of the jurisdiction
in which the purchaser resides that the purchaser is eligible to possess a
pistol under RCW 9.41.040 and that the application to purchase is approved by
the chief of police or sheriff; or
(c) Five business days,
meaning days on which state offices are open, have elapsed from the time of
receipt of the application for the purchase thereof as provided herein by the
chief of police or sheriff designated in subsection (5) of this section, and,
when delivered, the pistol shall be securely wrapped and shall be unloaded.
However, if the purchaser does not have a valid permanent Washington driver's
license or state identification card or has not been a resident of the state
for the previous consecutive ninety days, the waiting period under this
subsection (1)(c) shall be up to sixty days.
(2)(a) Except as
provided in (b) of this subsection, in determining whether the purchaser meets
the requirements of RCW 9.41.040, the chief of police or sheriff, or the
designee of either, shall check with the national crime information center, the
Washington state patrol electronic data base, the department of social and
health services electronic data base, and with other agencies or resources as appropriate,
to determine whether the applicant is ineligible under RCW 9.41.040 to possess
a firearm.
(b) Once the system is
established, a dealer shall use the state system and national instant
criminal background check system, provided for by the Brady Handgun ((Control))
Violence Prevention Act (((H.R. 1025, 103rd Cong., 1st Sess. (1993))))
(18 U.S.C. Sec. 921 et seq.), to make criminal background checks of
applicants to purchase firearms. However, a chief of police or sheriff, or a
designee of either, shall continue to check the department of social and health
services' electronic data base and with other agencies or resources as
appropriate, to determine whether applicants are ineligible under RCW 9.41.040
to possess a firearm.
(3) In any case under
subsection (1)(c) of this section where the applicant has an outstanding
warrant for his or her arrest from any court of competent jurisdiction for a
felony or misdemeanor, the dealer shall hold the delivery of the pistol until
the warrant for arrest is served and satisfied by appropriate court
appearance. The local jurisdiction for purposes of the sale shall confirm the
existence of outstanding warrants within seventy-two hours after notification
of the application to purchase a pistol is received. The local jurisdiction
shall also immediately confirm the satisfaction of the warrant on request of
the dealer so that the hold may be released if the warrant was for an offense
other than an offense making a person ineligible under RCW 9.41.040 to possess
a pistol.
(4) In any case where
the chief or sheriff of the local jurisdiction has reasonable grounds based on
the following circumstances: (a) Open criminal charges, (b) pending criminal
proceedings, (c) pending commitment proceedings, (d) an outstanding warrant for
an offense making a person ineligible under RCW 9.41.040 to possess a pistol,
or (e) an arrest for an offense making a person ineligible under RCW 9.41.040
to possess a pistol, if the records of disposition have not yet been reported
or entered sufficiently to determine eligibility to purchase a pistol, the
local jurisdiction may hold the sale and delivery of the pistol beyond five
days up to thirty days in order to confirm existing records in this state or
elsewhere. After thirty days, the hold will be lifted unless an extension of
the thirty days is approved by a local district court or municipal court for
good cause shown. ((An applicant)) A dealer shall be notified of
each hold placed on the sale by local law enforcement and of any application to
the court for additional hold period to confirm records or confirm the identity
of the applicant.
(5) At the time of
applying for the purchase of a pistol, the purchaser shall sign in triplicate
and deliver to the dealer an application containing his or her full name, ((street))
residential address, date and place of birth, race, and gender; the date
and hour of the application; the applicant's driver's license number or state
identification card number; a description of the pistol including the make,
model, caliber and manufacturer's number if available at the time of
applying for the purchase of a pistol. If the manufacturer's number is not
available, the application may be processed, but delivery of the pistol to the
purchaser may not occur unless the manufacturer's number is recorded on the
application by the dealer and transmitted to the chief of police of the
municipality or the sheriff of the county in which the purchaser resides;
and a statement that the purchaser is eligible to possess a pistol under RCW
9.41.040.
The application shall
contain a warning substantially as follows:
CAUTION:
Although state and local laws do not differ, federal law and state law on the
possession of firearms differ. If you are prohibited by federal law from possessing
a firearm, you may be prosecuted in federal court. State permission to
purchase a firearm is not a defense to a federal prosecution.
The purchaser shall be
given a copy of the department of fish and wildlife pamphlet on the legal
limits of the use of firearms, firearms safety, and the fact that local laws
and ordinances on firearms are preempted by state law and must be consistent
with state law.
The dealer shall, by
the end of the business day, sign and attach his or her address and deliver ((the
original)) a copy of the application and such other documentation as
required under subsection (1) of this section to the chief of police of the
municipality or the sheriff of the county of which the purchaser is a
resident. The triplicate shall be retained by the dealer for six years.
The dealer shall deliver the pistol to the purchaser following the period of
time specified in this section unless the dealer is notified of an
investigative hold under subsection (4) of this section in writing by the
chief of police of the municipality or the sheriff of the county, whichever is
applicable, denying the purchaser's application to purchase and the grounds
thereof. The application shall not be denied unless the purchaser is not
eligible to possess a pistol under RCW 9.41.040 or 9.41.045, or federal law.
The chief of police of
the municipality or the sheriff of the county shall retain or destroy applications
to purchase a pistol in accordance with the requirements of 18 U.S.C. Sec. 922.
(6) A person who
knowingly makes a false statement regarding identity or eligibility
requirements on the application to purchase a pistol is guilty of false swearing
under RCW 9A.72.040.
(7) This section does
not apply to sales to licensed dealers for resale or to the sale of antique
firearms.
Sec. 9. RCW 9.41.0975 and 1994
sp.s. c 7 s 413 are each amended to read as follows:
(1) The state, local
governmental entities, any public or private agency, and the employees of any
state or local governmental entity or public or private agency, acting in good
faith, are immune from liability:
(a) For failure to
prevent the sale or transfer of a firearm to a person whose receipt or
possession of the firearm is unlawful;
(b) For preventing the
sale or transfer of a firearm to a person who may lawfully receive or possess a
firearm;
(c) For issuing a
concealed pistol license to a person ineligible for such a license;
(d) For failing to
issue a concealed pistol license to a person eligible for such a license;
(e) For revoking or
failing to revoke an issued concealed pistol license; ((or))
(f) For errors in
preparing or transmitting information as part of determining a person's
eligibility to receive or possess a firearm, or eligibility for a concealed
pistol license;
(g) For issuing a
dealer's license to a person ineligible for such a license; or
(h) For failing to
issue a dealer's license to a person eligible for such a license.
(2) An application may
be made to a court of competent jurisdiction for a writ of mandamus:
(a) Directing an
issuing agency to issue a concealed pistol license wrongfully refused;
(b) Directing a law
enforcement agency to approve an application to purchase wrongfully denied; ((or))
(c) Directing that
erroneous information resulting either in the wrongful refusal to issue a
concealed pistol license or in the wrongful denial of a purchase application be
corrected; or
(d) Directing a law
enforcement agency to approve a dealer's license wrongfully denied.
The application for the
writ may be made in the county in which the application for a concealed pistol
license or to purchase a pistol was made, or in Thurston county, at the
discretion of the petitioner. A court shall provide an expedited hearing for
an application brought under this subsection (2) for a writ of mandamus. A
person granted a writ of mandamus under this subsection (2) shall be awarded
reasonable attorneys' fees and costs.
Sec. 10. RCW 9.41.098 and 1994
sp.s. c 7 s 414 are each amended to read as follows:
(1) The superior courts
and the courts of limited jurisdiction of the state may order forfeiture of a
firearm which is proven to be:
(a) Found concealed on
a person not authorized by RCW 9.41.060 or 9.41.070 to carry a concealed
pistol: PROVIDED, That it is an absolute defense to forfeiture if the person
possessed a valid Washington concealed pistol license within the preceding two
years and has not become ineligible for a concealed pistol license in the
interim. Before the firearm may be returned, the person must pay the past due
renewal fee and the current renewal fee;
(b) Commercially sold
to any person without an application as required by RCW 9.41.090;
(c) ((Found)) In
the possession of a person prohibited from possessing the firearm under RCW
9.41.040 or 9.41.045;
(d) ((Found)) In
the possession or under the control of a person at the time the person
committed or was arrested for committing a ((serious offense)) felony
or committing a nonfelony crime in which a firearm was used or
displayed ((or a felony violation of the Uniform Controlled Substances Act,
chapter 69.50 RCW));
(e) ((Found
concealed on)) In the possession of a person who is in any place in
which a concealed pistol license is required, and who is under the influence of
any drug or under the influence of intoxicating liquor, as defined in chapter
46.61 RCW;
(f) ((Found)) In
the possession of a person free on bail or personal recognizance pending trial,
appeal, or sentencing for a ((serious offense)) felony or for
a nonfelony crime in which a firearm was used or displayed, except that
violations of Title 77 RCW shall not result in forfeiture under this section;
(g) ((Found)) In
the possession of a person found to have been mentally incompetent while in
possession of a firearm when apprehended or who is thereafter committed
pursuant to chapter 10.77 or 71.05 RCW;
(h) ((Known to have
been)) Used or displayed by a person in the violation of a proper
written order of a court of general jurisdiction; or
(i) ((Known to have
been)) Used in the commission of a ((serious offense)) felony
or of a nonfelony crime in which a firearm was used or displayed
((or a felony violation of the Uniform Controlled Substances Act, chapter
69.50 RCW)).
(2) Upon order of
forfeiture, the court in its discretion may order destruction of any forfeited
firearm. A court may temporarily retain forfeited firearms needed for
evidence.
(a) Except as provided
in (b), (c), and (d) of this subsection, firearms that are: (i) Judicially
forfeited and no longer needed for evidence; or (ii) forfeited due to a failure
to make a claim under RCW 63.32.010 or 63.40.010; may be disposed of in any manner
determined by the local legislative authority. Any proceeds of an auction or
trade may be retained by the legislative authority. This subsection (2)(a)
applies only to firearms that come into the possession of the law enforcement
agency after June 30, 1993((, and applies only if the law enforcement agency
has complied with (b) of this subsection)).
By midnight, June 30,
1993, every law enforcement agency shall prepare an inventory, under oath, of
every firearm that has been judicially forfeited, has been seized and may be
subject to judicial forfeiture, or that has been, or may be, forfeited due to a
failure to make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided
in (c) of this subsection, of the inventoried firearms a law enforcement agency
shall destroy illegal firearms, may retain a maximum of ten percent of legal
forfeited firearms for agency use, and shall either:
(i) Comply with the
provisions for the auction of firearms in RCW 9.41.098 that were in effect
immediately preceding May 7, 1993; or
(ii) Trade, auction, or
arrange for the auction of, rifles and shotguns. In addition, the law
enforcement agency shall either trade, auction, or arrange for the auction of,
short firearms, or shall pay a fee of twenty-five dollars to the state
treasurer for every short firearm neither auctioned nor traded, to a maximum of
fifty thousand dollars. The fees shall be accompanied by an inventory, under
oath, of every short firearm listed in the inventory required by (a) of this
subsection, that has been neither traded nor auctioned. The state treasurer
shall credit the fees to the firearms range account established in RCW
77.12.720. All trades or auctions of firearms under this subsection shall be
to licensed dealers. Proceeds of any auction less costs, including actual
costs of storage and sale, shall be forwarded to the firearms range account
established in RCW 77.12.720.
(c) Antique firearms
and firearms recognized as curios, relics, and firearms of particular
historical significance by the United States treasury department bureau of
alcohol, tobacco, and firearms are exempt from destruction and shall be
disposed of by auction or trade to licensed dealers.
(d) Firearms in the
possession of the Washington state patrol on or after May 7, 1993, that are
judicially forfeited and no longer needed for evidence, or forfeited due to a
failure to make a claim under RCW 63.35.020, must be disposed of as follows:
(i) Firearms illegal for any person to possess must be destroyed; (ii) the
Washington state patrol may retain a maximum of ten percent of legal firearms
for agency use; and (iii) all other legal firearms must be auctioned or traded
to licensed dealers. The Washington state patrol may retain any proceeds of an
auction or trade.
(3) The court shall
order the firearm returned to the owner upon a showing that there is no
probable cause to believe a violation of subsection (1) of this section existed
or the firearm was stolen from the owner or the owner neither had knowledge of
nor consented to the act or omission involving the firearm which resulted in
its forfeiture.
(4) A law enforcement
officer of the state or of any county or municipality may confiscate a firearm
found to be in the possession of a person under circumstances specified in
subsection (1) of this section. After confiscation, the firearm shall not be
surrendered except: (a) To the prosecuting attorney for use in subsequent
legal proceedings; (b) for disposition according to an order of a court having
jurisdiction as provided in subsection (1) of this section; or (c) to the owner
if the proceedings are dismissed or as directed in subsection (3) of this
section.
Sec. 11. RCW 9.41.170 and 1994 c
190 s 1 are each amended to read as follows:
(1) It is a class C
felony for any person who is not a citizen of the United States to carry or
possess any firearm, without first having obtained an alien firearm license
from the director of licensing. In order to be eligible for a license, an
alien must provide proof that he or she is lawfully present in the United
States, which the director of licensing shall verify through the appropriate
authorities. Except as provided in subsection (2)(a) of this
section, and subject to the additional requirements of subsection (2)(b) of
this section, the director of licensing may issue an alien firearm license
only upon receiving from the consul domiciled in this state representing the
country of the alien, a certified copy of the alien's criminal history in the
alien's country indicating the alien is not ineligible under RCW 9.41.040 to
own, possess, or control a firearm, and the consul's attestation that the alien
is a responsible person.
(2)(a) Subject to the
additional requirements of (b) of this subsection, the director of licensing
may issue an alien firearm license without a certified copy of the alien's
criminal history or the consul's attestation required by subsection (1) of this
section, if the alien has been a resident of this state for at least two years
and: (i) The alien is from a country without a consul domiciled within this
state, or (ii) the consul has failed to provide, within ninety days after a
request by the alien, the criminal history or attestation required by
subsection (1) of this section.
(b) Before issuing an
alien firearm license under subsection (1) of this section or this
subsection (2), the director of licensing shall ask the local law enforcement
agency of the jurisdiction in which the alien resides to complete a background and
fingerprint check to determine the alien's eligibility under RCW 9.41.040
to own, possess, or control a firearm. The law enforcement agency shall
complete a background check within thirty days after the request, unless the
alien does not have a valid Washington driver's license or Washington state
identification card. In the latter case, the law enforcement agency shall
complete the background check within sixty days after the request.
A signed application
for an alien firearm license shall constitute a waiver of confidentiality and
written request that the department of social and health services, mental
health institutions, and other health care facilities release information
relevant to the applicant's eligibility for an alien firearm license to an
inquiring law enforcement agency.
(3) The ((fee for an))
alien firearm license shall be ((twenty-five dollars, and the license shall
be)) valid for ((four)) five years from the date of issue so
long as the alien is lawfully present in the United States. The nonrefundable
fee, paid upon application, for the five-year license shall be fifty-five
dollars plus additional charges imposed by the federal bureau of investigation
that are passed on to the applicant. The fee shall be distributed as follows:
(a) Fifteen dollars
shall be paid to the department of licensing;
(b) Twenty-five
dollars shall be paid to the Washington state patrol; and
(c) Fifteen dollars
shall be paid to the local law enforcement agency conducting the background
check.
(4) This section shall
not apply to Canadian citizens resident in a province which has an enactment or
public policy providing substantially similar privilege to residents of the
state of Washington and who are carrying or possessing weapons for the purpose
of using them in the hunting of game while such persons are in the act of
hunting, or while on a hunting trip, or while such persons are competing in a
bona fide trap or skeet shoot or any other organized contest where rifles,
pistols, or shotguns are used. Nothing in this section shall be construed to
allow aliens to hunt or fish in this state without first having obtained a regular
hunting or fishing license.
Sec. 12. RCW 9.41.190 and 1994
sp.s. c 7 s 420 are each amended to read as follows:
(1) It is unlawful for
any person to manufacture, own, buy, sell, loan, furnish, transport, or have in
possession or under control, any machine gun, short-barreled shotgun, or
short-barreled rifle; or any part designed and intended solely and exclusively
for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or
in converting a weapon into a machine gun, short-barreled shotgun, or
short-barreled rifle; or to assemble or repair any machine gun, short-barreled
shotgun, or short-barreled rifle.
(2) This section shall
not apply to:
(a) Any peace officer
in the discharge of official duty or traveling to or from official duty, or to
any officer or member of the armed forces of the United States or the state of
Washington in the discharge of official duty or traveling to or from official
duty; or
(b) A person, including
an employee of such person if the employee has undergone fingerprinting and a
background check under RCW 9.41.110(3)(b), who or which is exempt from
or licensed under federal law, and engaged in the production, manufacture,
repair, or testing of machine guns, short-barreled shotguns, or short-barreled
rifles:
(i) To be used or
purchased by the armed forces of the United States;
(ii) To be used or
purchased by federal, state, county, or municipal law enforcement agencies or
their employees; or
(iii) For exportation
in compliance with all applicable federal laws and regulations.
(3) It shall be an
affirmative defense to a prosecution brought under this section that the
machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior
to July 1, 1994, and is possessed in compliance with federal law.
(4) Any person
violating this section is guilty of a class C felony.
Sec. 13. RCW 9.41.280 and 1995 c
87 s 1 are each amended to read as follows:
(1) It is unlawful for
a person to carry onto, or to possess on, public or private elementary or
secondary school premises, school-provided transportation, or areas of
facilities while being used exclusively by public or private schools:
(a) Any firearm;
(b) Any other dangerous
weapon as defined in RCW 9.41.250;
(c) Any device commonly
known as "nun-chu-ka sticks", consisting of two or more lengths of
wood, metal, plastic, or similar substance connected with wire, rope, or other
means;
(d) Any device,
commonly known as "throwing stars", which are multi-pointed, metal
objects designed to embed upon impact from any aspect; or
(e) Any air gun,
including any air pistol or air rifle, designed to propel a BB, pellet, or
other projectile by the discharge of compressed air, carbon dioxide, or other
gas.
(2) Any such person
violating subsection (1) of this section is guilty of a gross misdemeanor. If
any person is convicted of a violation of subsection (1)(a) of this section,
the person shall ((lose)) have his or her concealed pistol
license, if any revoked for a period of three years. Anyone convicted under
this subsection is prohibited from applying for a concealed pistol license for
a period of three years. The court shall send notice of the revocation to
the department of licensing, and the city, town, or county which issued the
license.
Any violation of
subsection (1) of this section by elementary or secondary school students
constitutes grounds for expulsion from the state's public schools in accordance
with RCW 28A.600.010. An appropriate school authority shall promptly notify
law enforcement and the student's parent or guardian regarding any allegation
or indication of such violation.
(3) Subsection (1) of
this section does not apply to:
(a) Any student or
employee of a private military academy when on the property of the academy;
(b) Any person engaged
in military, law enforcement, or school district security activities;
(c) Any person who is
involved in a convention, showing, demonstration, lecture, or firearms safety
course authorized by school authorities in which the firearms of collectors or
instructors are handled or displayed;
(d) Any person while
the person is participating in a firearms or air gun competition approved by
the school or school district;
(e) Any person in possession
of a pistol who has been issued a license under RCW 9.41.070, or is exempt from
the licensing requirement by RCW 9.41.060, while picking up or dropping off a
student;
(f) Any nonstudent at
least eighteen years of age legally in possession of a firearm or dangerous
weapon that is secured within an attended vehicle or concealed from view within
a locked unattended vehicle while conducting legitimate business at the school;
(g) Any nonstudent at
least eighteen years of age who is in lawful possession of an unloaded firearm,
secured in a vehicle while conducting legitimate business at the school; or
(h) Any law enforcement
officer of the federal, state, or local government agency.
(4) Subsections (1)(c)
and (d) of this section do not apply to any person who possesses nun-chu-ka
sticks, throwing stars, or other dangerous weapons to be used in martial arts
classes authorized to be conducted on the school premises.
(5) Except as provided
in subsection (3)(b), (c), (f), and (h) of this section, firearms are not
permitted in a public or private school building.
(6) "GUN-FREE
ZONE" signs shall be posted around school facilities giving warning of the
prohibition of the possession of firearms on school grounds.
Sec. 14. RCW 9.41.800 and 1994
sp.s. c 7 s 430 are each amended to read as follows:
(1) Any court when
entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040,
10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137,
26.50.060, or 26.50.070 shall, upon a showing by clear and convincing evidence,
that a party has: Used, displayed, or threatened to use a firearm or other
dangerous weapon in a ((serious offense)) felony, or previously
committed any offense that makes him or her ineligible to possess a firearm
under the provisions of RCW 9.41.040:
(a) Require the party
to surrender any firearm or other dangerous weapon;
(b) Require the party
to surrender any concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party
from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party
from obtaining or possessing a concealed pistol license.
(2) Any court when
entering an order authorized under RCW 9A.46.080, 10.14.080, 10.99.040,
10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137,
26.50.060, or 26.50.070 may, upon a showing by a preponderance of the evidence
but not by clear and convincing evidence, that a party has: Used, displayed,
or threatened to use a firearm or other dangerous weapon in a ((serious
offense)) felony, or previously committed any offense that makes him
or her ineligible to possess a pistol under the provisions of RCW 9.41.040:
(a) Require the party
to surrender any firearm or other dangerous weapon;
(b) Require the party
to surrender a concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party
from obtaining or possessing a firearm or other dangerous weapon;
(d) Prohibit the party
from obtaining or possessing a concealed pistol license.
(3) The court may order
temporary surrender of a firearm or other dangerous weapon without notice to
the other party if it finds, on the basis of the moving affidavit or other
evidence, that irreparable injury could result if an order is not issued until
the time for response has elapsed.
(4) In addition to the
provisions of subsections (1), (2), and (3) of this section, the court may
enter an order requiring a party to comply with the provisions in subsection
(1) of this section if it finds that the possession of a firearm or other
dangerous weapon by any party presents a serious and imminent threat to public
health or safety, or to the health or safety of any individual.
(5) The requirements of
subsections (1), (2), and (4) of this section may be for a period of time less
than the duration of the order.
(6) The
court may require the party to surrender any firearm or other dangerous weapon
in his or her immediate possession or control or subject to his or her
immediate possession or control to the sheriff of the county having
jurisdiction of the proceeding, the chief of police of the municipality
having jurisdiction, or to the restrained or enjoined party's counsel or to
any person designated by the court.
